SINDHUBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present revision has been filed by the wife challenging the judgment and order dated 13-05-2016 passed by learned Adhoc Additional Sessions Judge, Bhoom in Criminal Revision Application No.49 of 2014 (Old No.138/2012) whereby by setting aside the judgment and order dated 11-07- 2012 passed by learned Judicial Magistrate First Class, Bhoom in Criminal Miscellaneous Application No.17 of 2010 for cancellation of maintenance granted against the respondent in Criminal Miscellaneous Application No.95 of 2004 dated 11-01-2008, the maintenance order in Criminal Miscellaneous Application No. 95 of 2004 came to be cancelled. The said Criminal Miscellaneous Application No.17 of 2010 was rejected by learned Judicial Magistrate First Class.

(2.) It is not in dispute that the present applicant got married to respondent No.2 about 20 years prior to 2004. It is further not in dispute that by filing Criminal Miscellaneous Application No.95 of 2004, the wife had prayed for maintenance under Section 125 of the Code of Criminal Procedure. After considering the evidence by both sides and hearing them, the learned Magistrate had partly allowed the said application. Maintenance was granted to the wife at the rate of Rs.400/- per month from the date of the application by order dated 11-01-2008 by learned Judicial Magistrate First Class, Bhoom. The said order was challenged by the husband in Criminal Revision Application No.53 of 2008. However, the said criminal revision application came to be dismissed for want of prosecution on 04-09- 2009. Thereafter, it is not in dispute that the husband filed Criminal Miscellaneous Application No.17 of 2010 under Section 125 (4) of the Code of Criminal Procedure for cancellation of the maintenance granted against him in Criminal Miscellaneous Application No.95 of 2004 on 11-01-2008.

(3.) In the said application i.e. Criminal Miscellaneous Application No.17 of 2010, the husband had come with the case that the wife, though legally wedded, and their marriage is still in existence, had no issue out of the wedlock. The wife developed illicit relations with one Sopan Pandurang Khune, who was the primary teacher and it was stated that the wife is leading immoral relations with him from 11-04-2002 till the date of said application filed by him. It was also stated that he has executed a sale deed in respect of his land in favour of wife on account of consent given by her for his remarriage. It was also stated that the consent was given due to the fact that she had no issue out of the wedlock. The wife had agreed for not initiating any civil or criminal proceedings in case of remarriage of the husband. The wife has fled away with said Khune to village Hivarda and therefore, he lodged a complaint against both of them. The Police Station, Bhoom registered non cognizable case and forwarded it to executive Magistrate who had taken action under Section 107 of the Code of Criminal Procedure. It is stated that in spite of the said action by him, the wife has continued to reside with Khune as his keep. A meeting was arranged with respectable persons from village Hivarda and Patsangavi to request said Khune as well as the wife to give up the immoral life, however, Khune did not pay any kind of heed. Since the wife is leading adulterous life, he is not bound to maintain her and therefore, he prayed for cancellation of the maintenance order.